Expansion
to UK public interest merger review
The
Department for Business, Energy and Industrial Strategy (BEIS) has announced
two measures to enhance the merger public interest review provisions of the Enterprise
Act 2002. The measures are designed to
strengthen the resilience and national security of the UK.
There
will be a new specified public interest consideration relating to public health
emergencies. This will come into force on 23 June 2020. The provision would allow the government to
review and block mergers that would otherwise threaten its ability to deal with
public health emergencies.
There
will also be revised thresholds for mergers relating to artificial
intelligence, advanced materials and cryptographic authentication. These will allow public interest intervention
on national security grounds. The statutory instrument on this provision will
be laid on 22 June 2020 but will not come into force until it has been debated and
approved by both Houses of Parliament.
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